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Friday, December 22, 2017 @ 10:44 AM

Wellness: How other disciplinary bodies handle addiction and mental health issues | Darryl Singer

There is a recent decision from the Law Society of Upper Canada Tribunal involving a lawyer who had “failed to communicate” and “failed to co-operate” with the Law Society. The background of the lawyer’s malfeasance was a direct result of a serious mental illness. The ordinary penalty in this case would have been revocation of his licence.Given the length of time and number of opportunities he had been given to communicate and cooperate he essentially fell into the category of ungovernable. The ordinary penalty in this case would have been revocation of his licence. However, because of the mental illness, he was allowed to surrender his license.The net effect is the same. ... [read more]

Thursday, December 21, 2017 @ 9:15 AM

Climate change is very real — and so is the risk of litigation | Cynthia Williams

Canadian officers and directors may think that the prospects of climate litigation are too remote to take the time to consider climate change among the other pressing matters on their agendas. But leading lawyers and law firms think otherwise. ... [read more]

Wednesday, December 20, 2017 @ 8:34 AM

McLachlin succeeded by putting the law ahead of personal views | Julius Melnitzer

I’ve never met former Chief Justice Beverley McLachlin. But I’ve read most of her judgments and written about many of them over the past 23 years. I’ve also read the accolades that accompanied her retirement. The opinions were unanimous, an undivided public and professional outpouring of affection, admiration and gratitude for someone who’s done so much for this country’s highest court and our respect for it. So I have little to add — except for the two occasions that I found myself writing about the chief justice herself rather than her judgments. Both instances, to my way of thinking, demonstrate just why she has been so effective. ... [read more]

Monday, December 18, 2017 @ 8:57 AM

Tax Views: Year-end tax planning for business | Vern Krishna

Canadian-controlled private corporations (CCPCs) that carry on an active business in Canada are taxable at special low rates. In 2017, the first $500,000 of income from such active business income (ABI) is taxable at a combined federal and provincial rate of about 15 per cent. Income above $500,000 is taxable at about 27.5 per cent. Hence, it is important to plan for shareholder and corporate taxation before the year end to maximize rates of return, and minimize the overall tax burden. ... [read more]

Friday, December 15, 2017 @ 12:36 PM

The Coach: Time management strategies for lawyers | Gary Mitchell

Your time is the most valuable commodity you have. There is virtually no time to waste. What follows in this two-part column are tried and true methods my clients, in working with me, have learned to better manage their time, track their time and stay organized. ... [read more]

Friday, December 15, 2017 @ 8:28 AM

Litigation costs lead to systemic inequality for road violence victims | Patrick Brown

Litigating on behalf of victims is becoming very difficult in the current legal climate. The financing of claims has become increasingly more expensive and well outside of what the ordinary litigant can afford. However, the same does not apply to insurance companies, which have the means to litigate their cases against the seriously injured. ... [read more]

Wednesday, December 13, 2017 @ 12:14 PM

The Headhunter: Understanding associate attrition, and what to do about it | Warren Smith

I was recently speaking with the managing partner for one of the major firms in our market on some recent attrition challenges the firm was working through, which inevitably led to the question of what constitutes “normal” attrition for a law firm. ... [read more]

Wednesday, December 13, 2017 @ 9:20 AM

How Canada’s military is dealing with inappropriate sexual behaviour | Col. Bruce MacGregor

On December 6, 2017, the Lawyer’s Daily published a commentary entitled “The Unremitting Problem of Sexual Crimes in Canada’s Military.”  To me, as the Director of Military Prosecutions (DMP), this is a very important issue and so I welcome public debate on it. However, it is also vital to discuss it in a way that educates and informs readers as to those efforts we have undertaken to eliminate harmful and inappropriate sexual behaviour within the Canadian Armed Forces (CAF). ... [read more]

Tuesday, December 12, 2017 @ 9:07 AM

Canada’s ‘deportation list’ raises important questions for the courts | Stephen Green

Perhaps the most fascinating and overlooked facet of immigration law is the extent to which it is interwoven with international relations. A notable example is the process by which foreign nationals who are required to leave Canada are returned to their countries of origin or citizenship. Included in this is the treatment of immigrants who find themselves between two nations. ... [read more]

Monday, December 11, 2017 @ 9:17 AM

How to know when Donald Trump is telling the truth | Anthony Doob and Rosemary Gartner

How can a person tell whether Donald Trump is telling the truth when one day he says one thing and the next he says something completely different? Some might say we should watch him carefully — the way judges and others in the trial process sometimes watch witnesses. Is he, for example, looking straight ahead, or avoiding eye contact with his questioner when he answers? Does he blink his eyes often? What does research tell us about detecting deception? ... [read more]